| People v Jones |
| 2013 NY Slip Op 05405 [108 AD3d 1213] |
| July 19, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vCharles L. Jones, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.),rendered September 12, 2011. The judgment convicted defendant, upon his plea ofguilty, of robbery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofrobbery in the second degree (Penal Law § 160.10 [2] [b]), defendant contendsthat he did not knowingly, voluntarily and intelligently waive his right to appeal. Wereject that contention. Defendant waived his right to appeal both orally and in writing,and we conclude that " '[d]efendant's responses to County Court's questionsunequivocally established that defendant understood the proceedings and was voluntarilywaiving the right to appeal' " (People v Buryta, 85 AD3d 1621, 1622 [2011]; see People v Lyons, 86 AD3d930, 930 [2011], lv denied 17 NY3d 954 [2011]). Defendant's valid waiverof the right to appeal encompasses his contention that the court abused its discretion indenying his request for youthful offender status (see People v Jones, 96 AD3d 1637, 1637 [2012], lvdenied 19 NY3d 1103 [2012]; People v Rush, 94 AD3d 1449, 1449-1450 [2012], lvdenied 19 NY3d 967 [2012]), as well as his contention concerning the severity of thesentence (see People vLopez, 6 NY3d 248, 255 [2006]; Jones, 96 AD3d at 1637).Present—Scudder, P.J., Peradotto, Lindley, Whalen and Martoche, JJ.